Edmonds v. Western Surety Co.

Opinion by Judge CASEBOLT.

In this action seeking recovery against a surety under a motor vehicle dealer bond, defendant, Western Surety Company (surety), appeals the summary judgment entered in favor of plaintiff, James Edmonds. We modify in part, affirm in part, reverse in part, and remand with directions.

The facts are not in dispute. Edmonds consigned a vehicle to Colorado Auto Buying Service (CABS) for sale. After CABS sold the vehicle, it tendered to Edmonds a check for $10,400, which was dishonored twice. Edmonds then brought an action against CABS seeking damages under §13-21-109,…